Category: Uncategorized

Wrongful Death

Wrongful Death in Alberta: Understanding Your Rights and Legal Options

An unexpected loss of a loved one is always devastating. When this loss happens because of someone else’s negligence, the overwhelming feeling of injustice often intervenes with the bereavement process. Wrongful death claims offer a legal opportunity to claim compensation for the emotional and financial distress associated with the death of a family member. This guide is devoted to wrongful death cases in Alberta and will help you familiarize yourself with the legal processes, your rights, and our service when defending your interests.

WHAT IS A WRONGFUL DEATH CLAIM?

A wrongful death claim is a procedure that establishes a legal right to intervene when one person’s demise results from the act or omission of another. According to Alberta’s Fatal Accidents Act, if the deceased would have been able to bring a claim on their behalf had the incident not been fatal. The following are typical examples of wrongful death claims:

  • Deaths due to car accidents caused by a negligent driver
  • Medical malpractice
  • Work-related accidents caused by an unsafe working environment
  • Deaths that result from the liability of a wrong product
  • Slip and fall incidents which occur due to the negligence of the property owner

 

For example, suppose a driver runs a red light and kills a motorist. In that case, the deceased’s family can sue the driver’s family for wrongful death. Similarly, suppose a doctor negligently diagnoses a patient with a curable disease and administers a deadly drug. In that case, the patient’s family may sue for wrongful death. However, it is essential to note that not all unfortunate deaths are wrongful death cases. The key to winning such a case is proving that the death would not have occurred had the party not been negligent. Often, this requires an investigation and expert analysis.

WHO CAN FILE A WRONGFUL DEATH CLAIM IN ALBERTA?

Fatal Accidents Act in Alberta outlines which family members may be able to make a claim:

  • Spouse or adult interdependent partner
  • Parents
  • Children (including grandchildren and step-children)
  • Siblings

 

Remember that “Adult interdependent partner” is a legal term in Alberta and may apply to common-law partners who have lived together for at least three years or less or if they have a child.

Note: Only one lawsuit per wrongful death case is allowed. This is a unitary claim, and all eligible claimants are required to join in the single claim. This requires a unanimous agreement of family members to proceed with legal action.

WHAT TO DO AFTER A WRONGFUL DEATH

Dealing with the aftermath of a wrongful death can be overwhelming. Here are the steps you should take:

  1. Seek Support
    • Prioritize your emotional well-being and that of your family
    • Consider grief counseling or support groups
    • Don’t hesitate to lean on friends and family during this difficult time
  2. Gather Information
    • Collect all relevant documents (medical records, police reports, etc.)
    • Note down any expenses related to the death (funeral costs, medical bills, etc.)
    • Keep a journal of how the loss is affecting you and your family
  3. Report the Incident
    • Notify relevant authorities if not already done (e.g., police for car accidents)
    • In workplace incidents, ensure the employer has reported to Occupational Health and Safety
  4. Consult a Lawyer
    • Speak with an experienced wrongful death lawyer to understand your rights and options
    • Bring all collected information to your initial consultation
  5. Preserve Evidence
    • Keep all related documents and communications
    • Don’t discuss the case on social media
    • If possible, preserve any physical evidence related to the incident
  6. Be Cautious with Insurance Companies
    • Don’t provide recorded statements without legal counsel
    • Don’t accept any settlements without consulting a lawyer
    • Remember that insurance adjusters work for the insurance company, not for you

Taking these steps can help protect your rights and strengthen your potential claim. Remember, while taking legal action may feel overwhelming during this time of grief, it’s often necessary to secure your family’s financial future and hold negligent parties accountable.

TYPES OF COMPENSATION AVAILABLE

In the state of Alberta, wrongful death claims offer two primary forms:

  1. Bereavement Damages
  • Some of these are legally mandated, and include:
  • $82,000 to their spouse or adult interdependent partner
  • $82,000 to the parent(s) if two parents both make a claim they will share equally
  • $49,000 to each surviving child

 

The amounts are prescribed by the Fatal Accidents Act as a means of compensating family members for their grief and loss of companionship. It is also worth mentioning that these numbers can be changed by the government and they might give you new fee-lists.

  1. Financial Losses

Eligible family members are allowed to claim compensation for such damages as:

  • Loss of financial support, i.e., the expected income and benefits of the deceased, that the family would have received.
  • Loss of household services, meaning the services and everyday support that the deceased would have been able to provide in the future, taking care of children, elderly, pregnant or sick family members, care for the disabled, and other services that the family would have used.
  • Funeral expenses: reasonable costs related to the preparation and burial of the deceased.
  • Medical expenses related to the injury and death: all medical costs associated with the final incident
  • Travel expenses in connection with relatives’ visits during their medical care in the hospital.
  • Cost of counselling to help relatives to deal with their emotions in connection with the fatal event.

 

For instance, in case a 40-year-old parent dies as a result of an accident at work and has two children, 4 and 6 years old, the family of the deceased parent may claim the following compensation:

  • Parental wage before reaching the retirement age
  • Compensation for the loss of family services and taking care of children
  • Expenses of the funeral
  • Cost of visits of children to a psychologist

 

Working with a qualified attorney who can calculate all the losses correctly is essential. It should be stressed that often, to quantify these losses, lawyers work with economic experts to project future losses and calculate the true financial impact of the death.

THE LEGAL PROCESS: WHAT TO EXPECT

Understanding the legal process can help you feel more prepared and less anxious about pursuing a wrongful death claim. Here’s what you can expect:

  1. Initial Consultation
    • Meet with a lawyer to discuss your case
    • Bring all relevant documents and be prepared to share details about the incident and its impact
  2. Investigation
    • Your lawyer gathers evidence and assesses the claim
    • This may involve interviewing witnesses, consulting experts, and reviewing official reports
  3. Filing the Claim
    • Your lawyer prepares and files the legal documents, known as the Statement of Claim
    • The defendant (the party being sued) is served with these documents
  4. Negotiations
    • Discussions with the defendant’s insurance company or legal team
    • Your lawyer will work to secure a fair settlement without going to trial
  5. Settlement or Trial
    • Most cases settle out of court, but we’re prepared for trial if necessary
    • If a settlement is reached, you’ll need to sign a release form
    • If the case goes to trial, your lawyer will present your case before a judge or jury
  6. Compensation Distribution
    • Funds are distributed among eligible claimants
    • Your lawyer can help mediate if there are disagreements about distribution

Remember: In Alberta, you typically have two years from the date of death to file a claim. This is known as the statute of limitations. Don’t delay in seeking legal advice, as building a strong case takes time.

CHALLENGES IN WRONGFUL DEATH CASES

The most frequent impediments encompassing the given type of cases are as follows:

  • Proving negligence as the other side might be reluctant or defensive.
  • Contributory negligence – the other party may argue that the injury was at least partially the fault of the individual who has died.
  • Emotional and mental stress – a sense of powerlessness may arise, and you may long to see and hear your significant other again to support each other.
  • Quantifying damages, especially future losses: it will be necessary to calculate the impact of a person’s death on your family’s financial status, the most challenging part being the calculation of their future lost income and services, which may require some cooperation with economic experts.
  • Coordinating claims among multiple family members: disagreements as to how to pursue the claim and distribution of the received compensation.
  • Navigating insurance company tactics- insurance companies may try to get away with as little payout as possible. You may be pressured into an early settlement that is less than what you deserve, or your statements made soon after the incident may be used against you.

 

Our experienced legal team is prepared to help you navigate these challenges. We’re here to handle the legal complexities while you focus on healing.

TAKE ACTION: PROTECT YOUR RIGHTS

Experiencing the death of a loved one is heartbreaking. Nothing can ever bring your loved one back. Still, a wrongful death lawsuit offers financial security in an uncertain future and some peace of mind.

Here at Affinity Law, we believe in:

  • Walking beside you every step of the legal process
  • Advocating on behalf of your loved one, maintaining grit and tenacity with both insurance companies to attain justice whenever it can be achieved for a grieving family because there is no such thing as closure in these circumstances; loss is permanent

 

We are client-centric in our approach. We know every family has different circumstances, and we customize our approach to fit you individually, whether to encourage a fast settlement or prepare for trial with your best interests in mind.

Get in touch with us today for a free consultation. Our experienced team can help you through this challenging process and fight to get the justice your family needs.

Act now: Contact Us at (+1) 780 938 1147, or schedule your no-charge consultation on our site! Our compassionate team is ready to stand in your corner and fight for the justice of your loved one.

We can be your voice in the action for justice and peace of mind you seek for a victim within your family. At Affinity Law, you do not just have a lawyer on your side; you receive an ally who will fight for justice by your side.

Long-Term Disability Claims

LONG-TERM DISABILITY CLAIMS IN ALBERTA: YOUR COMPREHENSIVE GUIDE (2024)

Having a long-term disability (LTD) is disruptive to say the least — it takes away your ability to work and earn a living. If you’re one of the thousands each year who are forced to engage this painful process, it’s paramount that every worker understand their rights and know just how long-term disability claims typically work. Below is a complete guide that will walk you at length of all the required information on LTD claims in Alberta.

WHAT IS LONG-TERM DISABILITY IN ALBERTA?

Long-term disability usually relates to severe illness or injury that keeps you from working for an extended period. “long-term” means you are usually off work for 17 weeks or more. The definition distinguishes this form of disability from short-term, which covers no more than 17 weeks.
These benefits offer financial assistance when you cannot work due to an injury or illness. They can be arranged through an insurance company or work-based plans. Either way, the policy compensates for your daily needs, securing financial stability.
Such benefits mainly aim to give you a portion of your income. At the same time, you cannot perform your duties due to a disabling condition. In such a way, you can focus on your recovery without the additional pressure of making ends meet.

TYPES OF LONG-TERM DISABILITY COVERAGE IN ALBERTA

There are Many Forms of Long-Term Disability Coverage in Alberta

  1. Long-Term Disability Insurance — This coverage is usually for a specific dollar amount per month, and it may be made part of your employee benefits package as an employer group plan or purchased separately from an insurance company. It usually replaces a percentage of the income you earned before becoming disabled.
  2. CPP Disability Benefits (Canada Pension Plan): A federal program that offers monthly payments to CPP contributors who cannot work in regular employment because of a severe and prolonged disability.
  3. AISH (Assured Income for the Severely Handicapped) is a provincial program run by the Government of Alberta that provides ability-to-work benefits for Albertans with permanent disabilities and laminated family income.
  4. Workers’ Compensation Board (WCB) in Alberta: if you become disabled due to an injury or illness at work, the WCB might be able to assist through its program. This pays for medical bills and provides income replacement.
  5. Disability Tax Credit: This is not a direct payment program, yet it provides substantial tax relief for those who qualify; charitable family members may also claim.

Each type of coverage has its own eligibility requirements, benefit amounts, and claim processes. It’s important to understand which type(s) of coverage you have or may be eligible for when considering a long-term disability claim.

QUALIFYING FOR LONG-TERM DISABILITY IN ALBERTA

In order to be eligible for long-term disability insurance in Alberta, your condition must meet the following criteria:

  • Under a disability insurance: This may be through your employer’s group benefits plan or via an individual policy you have acquired.
  • Satisfy the definition of disability: The policy will say what it means to be disabled for purposes. This usually means that you cannot engage in substantial gainful activity from your primary occupation for the initial two years.
  • Satisfy the elimination period: The LTD benefits will not kick in until after you have been disabled for a certain amount of time, typically 3-6 months. Short-term disability or sick leave usually covers this.
  • Extensive medical proof: These consist of compiled documentation from your doctors, records stating the medicines and any kind of examinations carried out to provide an in-depth understanding
  • Be under the regular care of a licensed physician and follow recommended treatments: Compliance with your treatment plan is crucial for maintaining eligibility.

Any medical condition has the potential to be eligible for long-term disability as there exists a definition of disability within the program. Hence, you will never be approved for a claim just based on your condition but how it affects the way of working. Common conditions that may qualify include:

    • Mental health conditions: Depression, anxiety, bipolar disorder, post-traumatic stress disorder (PTSD)
    • Chronic pain conditions: Fibromyalgia, chronic fatigue syndrome, complex regional pain syndrome (CRPS)
    • Musculoskeletal disorders: Back problems, arthritis, repetitive strain injuries
    • Neurological disorders: Multiple sclerosis, Parkinson’s disease, epilepsy
    • Cardiovascular conditions: Heart disease, stroke
    • Respiratory disorders: Chronic obstructive pulmonary disease (COPD), severe asthma
    • Cancers: Various types and stages
    • Autoimmune diseases: Lupus, rheumatoid arthritis, multiple sclerosis
    • Severe injuries from accidents: Traumatic brain injuries, spinal cord injuries
    • Chronic illnesses: Diabetes with complications, Crohn’s disease, ulcerative colitis

The key factor is not the specific diagnosis, but how the condition impacts your ability to work. Your medical evidence should clearly demonstrate how your condition prevents you from performing your job duties.

HOW MUCH DOES LTD PAY IN ALBERTA

How much long-term disability benefits you receive in Alberta will depend on the specific policy of insurance that covers your economic loss:

    1. Group LTD Insurance: Normally pays 60% to 70% of your pre-disability gross salary. Specific policies include a monthly benefit limit.
    2. Private LTD Insurance: Often provides a pre-set monthly benefit governed by the policy. For example, this could be $5,000 per month for your first couple of months.
    3. CPP Disability: The base rate is $583.32 starting in 2024, though the final payout depends on how much you paid into CPP while employed. The average monthly payment was $1,127.30 (as of October 2023), with a maximum monthly fee of $1,606.78 in 2024.
    4. WCB: Repays 90% of your net salary (by the way, for example, account bonus = $104,600 in 2024)
    5. AISH: Provides a maximum standard living allowance of $1,863 per month in 2024.

Note that there can also be some deductions within long-term disability payments. Other payments you receive — from sources like CPP disability, WCB (Workers’ Compensation Board) or severance pay- may reduce your LTD benefits. These discounts, also known as “offsets,” can differ significantly for each plan you have.

Tax ramifications of LTD benefits are based on who is the payer of premiums:

  1. Suppose your employer makes any or all of the payments on LTD insurance premiums. In that case, benefits received under such a policy are taxable as income.
  2. Your LTD benefits will be tax-free if you pay all the premiums.
    You must be aware of this aspect when considering a budget and finances active period during your disability.

THE CLAIMS PROCESS

WHAT TO DO AFTER BECOMING DISABLED

  1. Determine Your Coverage
    • Check if you have group benefits through your employer.
    • Review all individual disability insurance policies.
    • Consider whether you are eligible for government programs like CPP disability or AISH.
    • If your disability is work-related, find out if the WCB covers you.
  2.  Get Support from Your Doctor
    • Book an appointment to discuss your condition and LTD claim with your doctor.
    • Make sure your doctor will support your claim and explain how your condition affects your ability to work.
    • Ask your doctor to provide the insurance company with detailed medical reports.
  3. Gather Medical Evidence
    • Start collecting all available Documentation from your healthcare providers.
    • Please include information on your condition, symptoms, treatment and how it affects your ability to work.
    • Ensure you have copies of all the test results, imaging examinations and specialist consultations.
    • Begin keeping a diary to document your symptoms and how they limit your daily activities.
  4. Obtain the Correct Application Forms
    • Request forms from your insurance company employer, or find them online
    • Ensure you have all necessary forms, including those for your doctor and employer to complete
  5. Complete the Application Forms
    • Fill out your form completely and correctly.
    • Describe the accident and give a detailed explanation of the injuries or illness that resulted.
    • The duties of your job; be particular.
    • Double-check all forms for completeness and accuracy before submission.
  6. Submit Your Application
    • write a short cover letter with the accompanying documents.
    • Ensure all paperwork is completed and submitted in the designated periods
    • Keep a copy of everything that you file with them
    • Send your application through registered mail for future proof of being delivered.
    • Take the interview with your Claims Representative
    • Prepare for this essential call
    • Inform yourself well in advance of what you should report accurately, and have evidence on hand
  7. Follow up and wait for the decision
    • Supply any requested additional information promptly
    • Be patient during the waiting period
    • Document all communication with the insurance company
    • Keep in the course of your treatment & attend all your medical appointments.

During this process, you are going to want very detailed records of all communications with your workplace and your doctor appointments, as well as how having a disability can affect your everyday ability to work. This Documentation can be invaluable if you need to appeal a decision or provide additional information.

COMMON CHALLENGES IN LONG-TERM DISABILITY CLAIMS

Many claimants face significant challenges when filing for LTD benefits:

  • Claims denied for lack of medical evidence or disagreement on the definition of disability
  • Long processing times leading to financial hardship
  • Surveillance by insurers to confirm the extent of your disabilities
  • Stressful independent medical exams requested by the insurer
  • Policy limitations on certain types of disabilities, such as mental health conditions
  • Complications with partial disability and attempts to return to work attempts
  • Difficulty obtaining necessary medical documentation due to healthcare system delays
  • Misunderstanding of policy terms and conditions
  • Challenges in proving “invisible” disabilities like chronic pain or mental health conditions

Understanding these potential obstacles can help you prepare a more substantial claim and navigate the process more effectively.

WHAT TO DO IF YOUR LTD CLAIM IS DENIED

If your long-term disability claim is denied in Alberta, don’t lose hope. A denial is not the end of the road. Take these steps:

  1. Review the Denial Letter
    • Carefully read the reasons for denial
    • Note any deadlines for appealing
    • Look for specific information the insurer says is missing or inadequate
  2. Seek Professional Advice
    • Contact a disability lawyer for a free consultation before appealing
    • Get an expert review of your situation and options
    • Discuss the strength of your case and potential strategies for appeal
  3. Gather Additional Evidence
    • Collect new or additional medical evidence supporting your claim
    • Consider obtaining specialized assessments or second opinions
    • Gather statements from colleagues, friends, or family about your limitations
  4. Consider Legal Representation
    • A lawyer can strengthen your appeal and navigate the complex process
    • They can help interpret policy language and challenge insurer decisions
    • Legal representation often leads to more favorable outcomes in appeals
  5. Prepare a Strong Appeal
    • Address each reason for denial with specific evidence
    • Include any new medical information or expert opinions
    • Clearly explain how your condition meets the policy’s definition of disability
  6. Submit Your Appeal on Time
    • Adhere strictly to the appeal deadline specified in the denial letter
    • If you need more time, request an extension in writing before the deadline
  7. Consider All Options
    • If the internal appeal is unsuccessful, discuss further options with your lawyer
    • This may include filing a complaint with the Ombud Service for Life & Health Insurance or pursuing legal action

Remember, the appeals process is time-sensitive. Missing deadlines or failing to provide sufficient evidence can hurt your chances of a successful appeal. Many initially denied claims are approved on appeal, especially with proper representation and thorough documentation.

HOW ALB FIRM CAN HELP

At Affinity Law , we specialize in helping Albertans navigate complex long-term disability claims. Our comprehensive services start with a free initial consultation, during which we review your case at no cost. We then conduct a thorough case evaluation, examining your policy, medical records, and claim details to develop a personalized claim strategy tailored to your unique situation. Our experienced lawyers are skilled in expert negotiation with insurance companies, advocating effectively for your rights. If needed, we provide guidance through appeals and litigation, prepared to take your case as far as necessary to secure your benefits. We offer continuous support throughout the process, keeping you informed and involved at every stage. Don’t let a long-term disability claim overwhelm you. Contact Affinity Law today for expert guidance and support. Our dedicated team is committed to fighting for your rights and ensuring you receive the benefits you deserve.

Slip and Fall

WHAT IS A SLIP AND FALL ACCIDENT

A slip and fall, or trip and fall, is any event in which a person’s surroundings cause them to lose balance and impact the ground or another object. Depending on the location and circumstances of the accident, a slip and fall can cause serious bodily harm. For this type of injury to open a legal action, however, negligence of the property owner must be proven.

WHERE SLIP AND FALLS OCCUR

Alberta’s harsh winter months can make the simple task of walking a serious danger. While icy paths are the most common cause of injury causing falls, they are not the only one. Slip and falls can occur anytime of year, inside or outside. Some environmental hazards to look out for  include;

  • Wet or Polished Surfaces
  • Uneven Flooring and Steps
  • Potholes or Broken Pavement
  • Scattered Store Merchandise
  • Cracked Sidewalks
  • Poor Lighting

WHAT TO DO AFTER A PUBLIC FALL

Statistics Canada documents over 1.7 million yearly falls in Canada. These falls make up 40% of all Canadian injuries. Being such a widespread occurrence, it is important we understand how
to manage the aftermath of a slip and fall accident.

  1. Gather Evidence
    In an attempt to not be held liable, the property owner will try to move blame onto you. It is for this reason that it is imperative that you or a 3rd party gather as much information as possible.

    • Take photos of the accident location from all angles and many distances. You must include the hazard that caused the fall.
    • Your footwear will come into question. Take photos of both the top and bottom of your shoes.
    • If your fall was seen by a passerby, ask for their contact information. Having a witness to your fall will make the claim process more straightforward.
    • As time goes on the events that lead to the fall may start to fade. When possible, create a summary of the accident. Note down time of day, weather conditions, any warning signs, along with what made you fall.
    • The incident may have been recorded by surveillance cameras. Scan the surrounding area for any recording devices. If cameras are found, approach the property owner and kindly request that the recording be preserved.
  2. Report the Fall (If Necessary Notify Government)
    You must report this incident to the owner or manager of the property.

    • Describe the circumstances that lead to your fall but do not admit fault.
    • Take down the contact information of the property owner/manager and request a copy of an incident report if they have completed one.
    • If your fall was seen by a passerby, ask for their contact information. Having a witness to your fall will make the claim process more straightforward.
    • As time goes on the events that lead to the fall may start to fade. When possible, create a summary of the accident. Note down time of day, weather conditions, any warning signs, along with what made you fall.
    • The incident may have been recorded by surveillance cameras. Scan the surrounding area for any recording devices. If cameras are found, approach the property owner and kindly request that the recording be preserved.

    A fall on public property in Alberta (sidewalk, street or government managed location), requires that you send written notice to the responsible government within 21 days.

  3. See a Doctor
    It is important to see a doctor after any accident, even if an injury is not apparent. Many times symptoms don’t start appearing until some time after the incident. A doctor knows what to look for and will start the documentation process, increasing your chances at a speedy recovery. Trip and falls can cause soft tissue damage, cuts, and sprains. In more serious instances they have been known to cause;

    • Head Injuries and Concussions
    • Neck and Spinal Cord Injuries
    • Broken Bones and Fractures
    • Joint Dislocations (Shoulder and Elbow)
  4. Contact a Lawyer
    It can be overwhelming being injured and not knowing what your next steps are. This stress is compounded when looming deadlines threaten your ability to file a legal claim.
    It is recommended to consult with an Alberta personal injury lawyer to guarantee you are taking the needed actions at the right time.
    Affinity Alberta offers a free, no-obligation consultation. Give us a call at 780-938-1147.

WHO IS RESPONSIBLE FOR MY FALL?

The group of laws that govern slip and fall accidents in Alberta is called the Occupiers Liability Act. It states that owners of both public and private property are responsible for the safety of all visitors. This is known as “duty of care”.

To maintain “duty of care”, property owners must keep their premises free from reasonable and foreseeable dangers.

HOW TO PROVE LIABILITY

A successful slip and fall accident claim requires proof. It is important that you document the scene of the accident as well as report the fall to the property owner/manager. Evidence showing that the property owner did not take necessary steps to ensure your safety will build a more substantial claim.

It is your responsibility to provide evidence that shows that the cause of your fall was due to the property owner’s carelessness.

When it comes to attributing blame, judges may decide to give a percentage of it to you. This concept is known as contributory negligence and accounts for any responsibility you may have had in the accident. With this in mind, do not give information that may be used against you. If you are unsure of what to say, contact an Alberta injury lawyer.

DO I NEED A LAWYER?
Pursuing compensation for pain and suffering is your legal right.

Retaining an attorney is the only way to obtain the most favorable outcome in any given legal matter. Although this is a fact, retaining legal counsel may not be necessary.

If after your slip and fall accident you have not sustained any physical, emotional, psychological or financial losses, a car accident lawyer may not be for you.

On the other hand, if you are experiencing any negative consequences caused by a slip and fall – A lawyer is the right choice.

HOW CAN A LAW FIRM HELP ME?

Affinity Law supports your medical and financial recovery.
We communicate directly with your doctor’s office to ensure you receive focused care. Through years of experience we know which treatments are necessary and available to you. And despite insurance companies, we will make sure they remain available.

Being a well established law firm allows us to arrange specialist assessments and medical imaging. Along with furthering recovery, these medical proofs serve as strong evidence for your legal claim.

A slip and fall accident causes financial strain. Injuries from a slip and fall commonly force people to modify their professional duties – or to stop them all together. Affinity Alberta is resolved to recover all possible financial loss incurred during this time.

We work to recover;

  •  Medical expenses
  • Expenses related to both short- and long-term care
  • Damages for ‘pain and suffering’
  • Loss of income and opportunity
  • Losses related to your business
  • Damages for on-going or permanent disabilities or disfigurement
  • And any other out-of-pocket expenses due to the accident

Retaining our legal services means having a whole team looking out for you. Reach out for your free consultation.

Pedestrian Accidents

Pedestrian Accidents in Alberta: Understanding Your Rights and Legal Options

When most people think about pedestrian accidents in Alberta, the first thing that comes to mind is that it’s uncommon. And while that may be true, it’s also a fact that accidents like this happen more often than you might think. In any case, the question is what to do if you’ve been in a pedestrian accident in Alberta.

Firstly, one should keep in mind that the sudden impact of a vehicle running over you will quickly shatter the calm of your everyday life… and your mind. In any case, these are the steps that you ought to follow if you want the whole process to be somewhat smooth.

What Is a Pedestrian Accident?

A pedestrian accident is when a vehicle hits someone on foot. These crashes may occur on the road, in crosswalks or even a parking lot. This of course has devastating results as a moving vehicle and the human body are simply not compatible.

Pedestrian collisions are a big issue in Alberta. The most recent statistics show these incidents make up a large percentage of all traffic injuries and deaths. These accidents are more common in denser urban areas such as Calgary and Edmonton, but even rural roads see their share.

Immediate Steps After a Pedestrian Accident

  1. Seek Medical Attention: Your Health is Number One. Even if you feel fine, some injuries are asymptomatic. Internal injuries, concussions, or soft tissue damage may take time before symptoms appear. It is in your best interest to visit a medical facility as soon as possible. First, you’ll make sure that your health is not at risk. Second, an official record of your injuries will be created, which may be necessary for any legal action that you will have to take.
  2. Report the Accident: Get in call with the police in order to file the report if they have not done so themselves yet. Make sure that to provide them with a clear account of the events leading to the accident, and refrain from making any unnecessary statements, especially if they touch on guilt or thoughts and assumptions.
  3. Gather Information: Assuming you were not killed in the accident, if possible, gather as much resolvable information as possible, such as:
    • Any address details for the driver and his or her insurance, ahead of time
    • Witness cell phone numbers or means of contact
    • Photos of the accident scene and your injuries or any damaged property
    • Notes on time, weather and location
    • Remember, this is the day and age of the smartphone, where pictures and even videos are easily taken. You never regret taking too many photos.
  4. Document Everything: Keeping track of every little thing is also a good self-defense habit.
    • Bills from hospitals, insurer’s cashed cheques
    • Receipts for any and all prescription drugs required
    • Trip expenses for any travel to medical appointments
    • Opportunity income lost due to getting time off work
  1. Speak to a lawyer: Do not contact any insurance company without first consulting with an attorney who focuses his or her practice on pedestrian accident law. Most of them will give you a free initial consultation.

Common Causes of Pedestrian Accidents

Understanding the causes of pedestrian accidents can prevent these incidents in the future. It is also crucial to determine who is liable to suffer the consequences of a collision. Vehicles may hit susceptible road users due to:

  1. Distracted driving: The prevalence of mobile devices made such actions as talking over the phone, texting, or engaging with in-vehicle entertainment a leading cause of accidents. As a result, such drivers may fail to see pedestrians who cross the street.
  2. Speeding: Reduced time for reaction and stopping prevents drivers from completing those tasks when a pedestrian enters the street. Conversely, fast cars cause severe injuries even while hitting.
  3. Failure to Yield Right-of-Way: Many accidents occur when drivers fail to yield to pedestrians at crosswalks or intersections. This is often due to inattention or a misunderstanding of traffic laws.
  4. Impaired Driving: Alcohol and drug use significantly impair a driver’s judgment and reaction time, increasing the risk of pedestrian accidents. Despite strict laws, impaired driving remains a serious issue in Alberta.
  5. Poor Visibility: Accidents are more common during nighttime or in adverse weather conditions when visibility is reduced. This risk is heightened in areas with inadequate street lighting.
  6. Jaywalking: While drivers have a duty of care, pedestrians who cross outside of designated crosswalks or against traffic signals put themselves at risk.
  7. Weather Conditions: Alberta’s harsh winters can create hazardous conditions for both drivers and pedestrians. Icy roads, snow banks, and reduced visibility all contribute to increased accident risk.
  8. Infrastructure Issues: Poor road design, lack of proper sidewalks, or inadequate pedestrian crossings can contribute to accidents. This is particularly true in rapidly growing urban areas where infrastructure may not have kept pace with population growth.

Understanding these causes is not just about prevention; it’s also crucial in determining liability in legal proceedings. Our experienced legal team at Affinity Law is well-versed in investigating the root causes of pedestrian accidents to build strong cases for our clients.

Types of Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the direct impact between a vehicle and an unprotected individual. Common injuries include:

  1. Traumatic Brain Injuries (TBI): From mild concussions to severe brain damage, TBIs are among the most serious outcomes of pedestrian accidents. These injuries can have long-lasting effects on cognitive function, memory, and emotional regulation.
  2. Spinal Cord Injuries: These can lead to partial or complete paralysis, dramatically altering the victim’s quality of life. The cost of lifelong care for severe spinal injuries can be astronomical.
  3. Fractures and Broken Bones: The force of impact often results in multiple fractures, particularly in the legs, arms, and pelvis. Complex fractures may require surgery and extended rehabilitation.
  4. Internal Injuries: Damage to internal organs can be life-threatening and may not be immediately apparent after the accident. This is why immediate medical attention is crucial, even if you feel fine initially.
  5. Soft Tissue Injuries: Whiplash, sprains, and strains are common and can lead to chronic pain. While often considered “minor,” these injuries can significantly impact daily life and ability to work.
  6. Cuts and Lacerations: While sometimes less severe, these injuries can lead to significant blood loss and scarring. In some cases, they may require plastic surgery.
  7. Psychological Trauma: Many victims suffer from PTSD, anxiety, or depression following the accident. The emotional impact of a pedestrian accident is often overlooked but can be just as debilitating as physical injuries.

The severity of these injuries often necessitates long-term medical care, rehabilitation, and significant lifestyle changes. At Affinity Law, we understand the profound impact these injuries can have on your life. Our dedicated team works tirelessly to ensure that all aspects of your injuries – both physical and psychological – are thoroughly documented and accounted for in your claim.

Legal Framework: Understanding Your Rights

In Alberta, the legal framework surrounding pedestrian accidents is primarily governed by the Traffic Safety Act and common law principles. Key points to understand:

  1. Duty of Care: Both drivers and pedestrians have a duty of care to act reasonably and safely on the road. For drivers, this means being vigilant, following traffic laws, and anticipating pedestrian actions. For pedestrians, it means using designated crosswalks, obeying traffic signals, and being aware of their surroundings.
  2. Right-of-Way: While pedestrians often have the right-of-way, especially at marked crosswalks and intersections, they also have a responsibility to exercise caution. The right-of-way is not absolute and doesn’t absolve pedestrians from their duty to ensure their own safety.
  3. Reverse Onus: Under the Traffic Safety Act, there’s a reverse onus on the driver in pedestrian accidents. This means the driver must prove they were not negligent, rather than the pedestrian having to prove the driver’s negligence. This unique aspect of Alberta law can be a significant advantage for injured pedestrians seeking compensation.
  4. Contributory Negligence: If a pedestrian is found to have contributed to the accident (e.g., by jaywalking), their compensation may be reduced proportionally to their degree of fault. This is known as contributory negligence and is assessed on a case-by-case basis.
  5. No-Fault Benefits: Regardless of who is at fault, pedestrians are entitled to certain no-fault benefits through the driver’s insurance policy. These Section B benefits cover medical expenses and provide some income replacement, regardless of who caused the accident.

Understanding these legal principles is crucial in navigating your case. Our experienced lawyers at [Law Firm Name] are well-versed in Alberta’s traffic laws and can provide you with expert guidance on how these laws apply to your specific situation.

Determining Fault in Pedestrian Accidents

Establishing fault in a pedestrian accident isn’t always straightforward. It requires a careful examination of all the circumstances surrounding the incident. Factors considered in determining fault include:

  1. Driver’s Actions: Was the driver speeding, distracted, or violating traffic laws? Did they fail to yield the right-of-way or ignore traffic signals?
  2. Pedestrian’s Behavior: Was the pedestrian crossing legally? Were they visible to drivers? Were they distracted (e.g., using a phone while walking)?
  3. Road Conditions: Did poor road design or maintenance contribute to the accident? Were there adequate crosswalks, traffic signals, or lighting?
  4. Witness Statements: Eyewitness accounts can provide crucial information about how the accident unfolded.
  5. Traffic Camera Footage: If available, this can offer clear evidence of the events leading up to the accident.
  6. Police Reports: Official accident reports provide an initial assessment of the incident and often include valuable information about road conditions, weather, and statements from those involved.
  7. Expert Analysis: In complex cases, accident reconstruction experts may be called upon to provide a detailed analysis of how the accident occurred.

Remember, fault isn’t always 100% on one party. Alberta follows a contributory negligence system, meaning both the driver and pedestrian can share fault. This can impact the compensation awarded.

At Affinity Law, our team of skilled investigators and legal experts work diligently to gather all relevant evidence to build a strong case for our clients. We understand the nuances of fault determination in Alberta and use this knowledge to advocate effectively for your rights.

Compensation: What You Can Claim

If you’ve been injured in a pedestrian accident in Alberta, you may be entitled to various forms of compensation. These can include:

  1. Medical Expenses: This covers current and future medical treatments, rehabilitation, and assistive devices. It’s important to keep detailed records of all medical costs related to your injuries.
  2. Lost Wages: Compensation for income lost due to the inability to work, including potential future earnings if the injury affects your long-term career prospects. This can be particularly significant for those with severe injuries that prevent them from returning to their previous occupation.
  3. Pain and Suffering: Non-economic damages for physical pain and emotional distress. While more challenging to quantify, these damages acknowledge the impact of the accident on your quality of life.
  4. Loss of Enjoyment of Life: Compensation for the inability to engage in activities you once enjoyed. This could include hobbies, sports, or other recreational activities that your injuries now prevent you from participating in.
  5. Out-of-Pocket Expenses: Reimbursement for costs related to the accident, such as transportation to medical appointments, home care services, or modifications to your home or vehicle necessitated by your injuries.
  6. Home Modification Costs: If your injuries require modifications to your living space, such as wheelchair ramps or bathroom renovations, these costs can be included in your claim.
  7. Attendant Care: Compensation for the cost of in-home care if needed. This can include professional nursing care or compensation for family members who provide care.
  8. Psychological Counselling: Coverage for therapy or counseling to address emotional trauma resulting from the accident.

The amount of compensation varies widely depending on the severity of injuries, the impact on your life, and the circumstances of the accident. Factors such as your age, occupation, and pre-accident health condition can also influence the compensation amount.

It’s important to note that there are caps on certain types of damages in Alberta. For example, there’s a cap on pain and suffering damages for minor injuries. However, this cap doesn’t apply to more severe injuries.

Our experienced lawyers at Affinity Law are skilled in accurately assessing the full value of your claim, ensuring that all current and future needs are accounted for. We work with medical professionals, occupational therapists, and financial experts to build a comprehensive picture of how the accident has impacted your life and what compensation is necessary to support your recovery and future needs.

Navigating Insurance Claims

Dealing with insurance companies after a pedestrian accident can be challenging. Here’s what you need to know:

  1. No-Fault Benefits: In Alberta, pedestrians are entitled to certain no-fault benefits through the driver’s insurance, regardless of who caused the accident. These are known as Section B benefits.
  2. Section B Benefits: These provide coverage for medical expenses and lost income up to certain limits. They typically include:
    • Medical and rehabilitation expenses up to $50,000
    • Income replacement benefits (usually 80% of gross weekly earnings up to a maximum)
    • Housekeeping and home maintenance benefits
    • Death and funeral benefits
  3. Tort Claim: If your injuries are severe or exceed the no-fault benefits, you may need to file a tort claim against the at-fault driver. This is where having a skilled lawyer becomes crucial.
  4. Insurance Adjusters: Be cautious when speaking with insurance adjusters. Their goal is often to minimize the payout. It’s advisable to have a lawyer handle these communications on your behalf.
  5. Settlement Offers: Early settlement offers are often lower than what you may be entitled to. Consult with a lawyer before accepting any offer to ensure it adequately covers all your current and future needs.
  6. Documentation: Keep detailed records of all interactions with insurance companies, including dates of calls, names of representatives you spoke with, and summaries of conversations.
  7. Independent Medical Examinations: Insurance companies may request that you undergo an independent medical examination. It’s important to understand your rights regarding these examinations and to have your lawyer review any requests.

Navigating insurance claims can be complex and time-consuming. At Affinity Law, we handle all communications with insurance companies on your behalf, ensuring your rights are protected and you receive the full compensation you deserve.

How can we help?

Pedestrian accidents in Alberta can have devastating consequences, impacting victims physically, emotionally, and financially. Understanding your rights and the legal landscape is crucial in securing the compensation you deserve and need for recovery.

At Affinity Law, we’re committed to helping pedestrian accident victims in Alberta navigate the complex legal process. Our experienced team provides compassionate, expert legal support to ensure your rights are protected and you receive fair compensation.

Don’t let the complexities of pedestrian accident claims overwhelm you. If you or a loved one has been involved in a pedestrian accident, reach out to us for a free, no-obligation consultation. Let our experienced team fight for your rights while you focus on your recovery.

Your path to justice and fair compensation starts here. Contact Affinity Law today, and take the first step towards reclaiming your life after a pedestrian accident. Remember, time is of the essence in these cases. Don’t delay in seeking the legal help you need. Your future wellbeing may depend on the actions you take today.

Dog Bite Injury

Dog bites are an all too common occurrence in Alberta. Even with the pet control measures Calgary has implemented they see hundreds of dog bites per year. In Edmonton the number of dog attacks is getting worse, increasing 18% year over year, for a projected 670 attacks in 2024.

The responsibility is on dog owners to ensure their pet is properly trained and restrained. While pet owners are responsible for your safety, it is in your best interest to stay weary when around a dog. Even if you know which signs to look for (growling, showing teeth, etc.) dog bites can occur suddenly and without warning.

Usually attacking the arms or legs, a dog attack is a traumatic experience that can cause serious bodily harm. Given the violent unexpected nature of this event, damages may extend beyond the physical into the

Physical.

  • Cuts
  • Sprains
  • Scars
  • Puncture wounds
  • Muscle and Nerve Damage
  • Broken Bones
  • Sepsis
  • Tetanus
  • Rabies

Psychological

  • Anxiety
  • Depression
  • Flashbacks
  • Dog Phobia

A dog’s saliva can cause infection and it is recommended that you visit a medical professional for proper aftercare.

WHAT TO DO AFTER A DOG BITE

The first step after any accident is to secure the safety of those involved When the situation has become stable and all health concerns have been attended to, follow the below steps.

  1. Collect as much information as possible. Any claim you may have will require a thorough documentation of the accident along with the information of those involved. Be sure to retain;
    • Date, time and circumstances leading to the attack
    • Dog owners name and contact information
    • Address of the accident location
    • Contact information of any accident witnesses

    Photographs are useful as evidence in your claim. Make sure to capture photos of the accident scene as well as any injuries you have sustained.

  2. It is recommended to seek medical attention as soon as possible. Disinfection and proper wound dressing is required to minimize chances of infection and scarring.
    Infection after a dog bite is a possibility. Ask the dog owner for the dog’s vaccination status. If this information is unavailable or the owner is unknown, call the police or Alberta Animal Services to inquire about a dog’s infection status.
  3. Continue to document your medical appointments, medications, symptoms and pain levels after the accident. This information is necessary when determining the amount of compensation you may be entitled to.
  4. If injuries are severe and you require medical and financial benefits to allow for an easier recovery, contact Affinity Lawyers Alberta.

WHO WILL PAY FOR MY RECOVERY?

To receive compensation after a dog bite in Alberta, it must be proven that the dog owner did not properly secure their dog and was irresponsible in preventing them from the attack. When this negligence is proven through collected documentation and witness testimony, the owner will be found liable.

In most cases, Benefits will be paid to you from the dog owner’s home insurance policy. The laws that govern animal attacks are within the Alberta Occupiers Liability Act.

WHAT BENEFITS ARE AVAILABLE AFTER A DOG BITE?

The goal of pursuing a legal claim after a dog bite, is to recover medical and financial costs caused by the event as well as to make recompense for any emotional trauma caused.

The at fault party’s insurance company if responsible for a host available benefits including; income replacement, for lost time at work as well as any other out of pocket expenses

  • Income replacement
  • Loss of quality of life
  • Out of Pocket Expenses
  • Medical Expenses
  • Pain and Suffering
  • Loss of earning potential

WHEN TO RETAIN A DOG BITE INJURY LAWYER

If after a dog attack you have sustained physical, emotional, psychological or financial losses, a lawyer may be right for you.

A personal injury lawyer is an expert in dog attack claims. We have seen it all and can best advocate for the benefits you need.

Affinity Lawyers takes the stress out of establishing a legal claim,

  • We handle all communications with the insurance companies
  • We collect and record medical documents
  • We manage and maintain application deadlines
  • Prove your eligibility to recover medical costs
  • Fight for you to receive denied medical treatments
  • Proceed to court to retrieve just compensation

It is difficult to handle a dog bite alone – especially if unfamiliar with Alberta’s legal system. If you do not have the health, time, or confidence to deal with insurance companies, file management, and legal paperwork you should call an Alberta injury lawyer.

Affinity Law works on a contingency fee basis, meaning you pay no fees until we resolve your claim. There are zero upfront costs and you are free to change your legal counsel at any time.

Focus on recovery. Let a professional work for you – for free.